Raushan Yadav @ Raushan Kumar Yadav @Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27356 of 2025 Arising Out of PS. Case No.-180 Year-2024 Thana- ANDHRATHARHI District- Madhubani ====================================================== Raushan Yadav @ Raushan Kumar Yadav @Raushan Kumar s/o ram chandra yadav r/o vill.- Harari Tole Rahi, P.S.- Rudrapur, Dist.- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jaishankar Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Andharathandi PS Case No. 180 of 2024 instituted for the offences under Section 274, 275 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 423 liters liquor was recovered from tempo.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.27356 of 2025(2) dt.01-05-2025 2/2 that petitioner is neither the owner nor the driver of the vehicle in question. The petitioner has got three criminal antecedents. There is no compliance of Section 103 of the BNSS, 2023. Other co-accused has been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 07-04-2025, passed in Cr. Misc. No. 11785 of 2025.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Andharathandi PS Case No. 180 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS, 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T